Work Health and Safety Act 2011 Flashcards
What are the objects of the Work Health and Safety Act 2011?
3 Object
(1) The main object of this Act is to provide for a balanced and nationally consistent framework to secure the health and safety of workers and workplaces by:
(a) protecting workers and other persons against harm to their health, safety and welfare through the elimination or minimisation of risks arising from work or from specified types of substances or plant, and
(b) providing for fair and effective workplace representation, consultation, co-operation and issue resolution in relation to work health and safety, and
(c) encouraging unions and employer organisations to take a constructive role in promoting improvements in work health and safety practices, and assisting persons conducting businesses or undertakings and workers to achieve a healthier and safer working environment, and
(d) promoting the provision of advice, information, education and training in relation to work health and safety, and
(e) securing compliance with this Act through effective and appropriate compliance and enforcement measures, and
(f) ensuring appropriate scrutiny and review of actions taken by persons exercising powers and performing functions under this Act, and
(g) providing a framework for continuous improvement and progressively higher standards of work health and safety, and
(h) maintaining and strengthening the national harmonisation of laws relating to work health and safety and to facilitate a consistent national approach to work health and safety in this jurisdiction.
State the duties of workers as detailed in Section 28 of the Work Health and Safety Act 2011?
28 Duties of workers
While at work, a worker must:
(a) take reasonable care for his or her own health and safety, and
(b) take reasonable care that his or her acts or omissions do not adversely affect the health and safety of other persons, and
(c) comply, so far as the worker is reasonably able, with any reasonable instruction that is given by the person conducting the business or undertaking to allow the person to comply with this Act, and
(d) co-operate with any reasonable policy or procedure of the person conducting the business or undertaking relating to health or safety at the workplace that has been notified to workers.
State the provisions of Section 33 of the Work Health and Safety Act 2011 failure to comply with Health and Safety Duty – Category 3.
33 Failure to comply with health and safety duty-Category 3
A person commits a Category 3 offence if:
(a) the person has a health and safety duty, and
(b) the person fails to comply with that duty.
Maximum penalty:
(a) in the case of an offence committed by an individual (other than as a person conducting a business or undertaking or as an officer of a person conducting a business or undertaking)-$50,000, or
(b) in the case of an offence committed by an individual as a person conducting a business or undertaking or as an officer of a person conducting a business or undertaking-$100,000, or
(c) in the case of an offence committed by a body corporate-$500,000.
State the provisions of Section 27 of the Work Health and Safety Act 2011 Duty of Officers.
(a) to acquire and keep up-to-date knowledge of work health and safety matters, and
(b) to gain an understanding of the nature of the operations of the business or undertaking of the person conducting the business or undertaking and generally of the hazards and risks associated with those operations, and
(c) to ensure that the person conducting the business or undertaking has available for use, and uses, appropriate resources and processes to eliminate or minimise risks to health and safety from work carried out as part of the conduct of the business or undertaking, and
(d) to ensure that the person conducting the business or undertaking has appropriate processes for receiving and considering information regarding incidents, hazards and risks and responding in a timely way to that information, and
(e) to ensure that the person conducting the business or undertaking has, and implements, processes for complying with any duty or obligation of the person conducting the business or undertaking under this Act, and
What is the meaning of Authorised as stated in Part 40 of the Work Health and Safety Act 2011.
In this Part, “authorised” means authorised by a licence, permit, registration or other authority (however described) as required by the regulations.
